Collins, Jeffries introduce TERM Act

“I cosponsored the TERM Act to make it easier and fairer for generic pharmaceutical companies to challenge trivial patents, which ultimately means that patients get access to more drug options faster.”

WASHINGTON — Reps. Doug Collins (R-Ga.), Ranking Member of the House Judiciary Committee; Hakeem Jeffries (D-N.Y.), Chairman of the House Democratic Caucus; Ben Cline (R-Va.); and Debbie Mucarsel-Powell (D-Fla.) today introduced the Terminating the Extension of Rights Misappropriated (TERM) Act. This bipartisan legislation addresses the rising cost of prescription drugs. The TERM Act makes the process of challenging a brand-name pharmaceutical patent in court fairer in order to help generic pharmaceutical options come to the market faster. “Competition in the pharmaceutical market decreases costs and increases options for patients,” said Collins. “Pharmaceutical companies are great innovators that create life-saving cures and treatments for families everywhere. Unfortunately, some manufacturers simply file additional patents in order to delay generic drugs from coming to market. I cosponsored the TERM Act to make it easier and fairer for generic pharmaceutical companies to challenge trivial patents, which ultimately means that patients get access to more drug options faster. I appreciate the partnership of Representatives Jeffries, Cline and Mucarsel-Powell on this important health care legislation.”“In the United States of America, access to high quality, affordable health care should be a right, not a privilege. The bipartisan TERM Act will curb patent abuses in order to expedite the entrance of lower cost generic drugs to market,” said Jeffries. “It is time for us to put people over profits. Reps. Collins, Mucarsel-Powell and Cline are to be commended for their efforts in this regard.”“I am proud to introduce the Terminating the Extension of Rights Misappropriated Act with my colleagues, Representatives Doug Collins, Hakeem Jeffries, and Debbie Mucarsel-Powell,” said Cline. “This bipartisan legislation would help limit the practice of ‘evergreening,’ or extending the period of exclusivity well beyond the term of the first patent with mere trivial changes to the original patent, which will allow the quicker introduction of generic medication to market.”“Americans are paying too much for prescription medications, and I’ve always been committed to working with anyone — Democrat, Republican, Independent — to lower prescription drug costs," said Mucarsel-Powell. "That’s why I’m proud to introduce the bipartisan TERM Act to take on drug manufacturers’ shady practice of amassing endless patents to prevent more affordable generic medicines from reaching the market and to stop these companies from increasing their profits at the expense of hardworking Americans. We need a comprehensive strategy to tackle our skyrocketing health care costs and taking on drug companies’ anti-competitive patent practices is an important step in doing so.” Brand-name pharmaceutical companies often file trivial patents after receiving an original patent for their product in order to extend their exclusive hold of the market and maintain higher prices. This process is known as “evergreening.” The TERM Act makes the process of challenging trivial patents fairer for generic manufacturers. Current law requires generic manufacturer to prove the brand-name filed a trivial patent. The TERM Act shifts the burden of proof from the generic manufacturer to the pharmaceutical company that filed the patent. Additional background on the TERM Act:

• The TERM Act promotes competition in the pharmaceutical market, which helps provide patients with additional choices. Competition also helps reduce pharmaceutical costs.
• The TERM Act requires brand-name manufacturers to prove the relevance of patents it filed.
• The TERM Act discourages brand-name manufacturers from filing trivial patents simply to maintain their exclusive market share.